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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Dec. 25, 1907)
DAILY CAPITAL JOURNAL, SALEM, OREGON, WEDNESDAY, DECEMDEIt 85, 1007. Historical Sketch of the Oregon Supreme Coin llVliaiBBMMMHBaaOHHIIIHIIIBBHaBB"BBrJiaBIHHiaHlaau)R " Tho history of tho supreme court In tho stirring times had thoro, und er tho formation of the territorial was appointed one of the judges of the state. H0 was not ll al Oregon 13 an interesting one. to whorever ho was placed, acquitted government, was held at Oregon .thnt court. In 1880 lio was re- long and died many l0 bouca Judge Vhiti 'l 1841, 4 ho few settlers hero saw the himself well. His nephew, Honor- City on tho 30th day of AugU3t, olected ns circuit Judgo. In 1886 Etigeno. nt3 ng0 at district by d niuMeoittf nt anmn form nt irnvprn- nhln flonrtrn H. Hnrnett. In now until 1S49. liv Wllllnm P. Brvant. nhlef was ro-electod for nnother fnrm nt Tt... wi . - Bhort i PPOlntiatM of Oregon 13 an Interesting one. to 1841, it ho few settlers hero saw the necessity of somo form of govern ment. They wero hero under a treaty of Joint occupation with Great Britain, and thorq was no Bcmblanco of law. Dr. McLaughlin, as the chief factor of tho Hudson Bay company, was tho autocrat of all oxcopt the few hardy Americans who wore not dis posed ito acknowledge British author ity. Ewlng Young, who was reckoned ns ono of tho richest men In tho ter ritory of Ahiorlcans, had died, leav ing no relatives hero, and somo means had to bo devised to caro for hlo estate. So a meotlng was hold and Dr. I. L. Babcock was olected supremo Judge. Ho appointed au administrator of Young's estnto, and! so far as hJntory toll us, that Is all ho vllil, under that tenuro of ofllco. In 1843 tho provisional govern ment was Inaugurated, and from thai tlmo on there was law and order In the community, and JubUcc was fair ly and Impartially administered. A. E. Wilson was elected supremo Judgo and sorved until 1815. But ns to what ho did thoro Is but little In tho 'wrchlvcH to show. In 1845 Nathanlo' Ford was olected by tho legislature, "but docllnod to sorvo, nnd Hon. PotT II. Burnett was oloctod to tho place. Jnitlgo Burnott served until 1847. J. Qiiln Thornton succeeded him,, and his first tor in of count was hoid In Juno, 1849. Ho was Judgo for about ono your, and wns Huccaoded by Hon. Columbia Lancaster, who held ono torm of court, In tho yoar 1849. Beforo tho nrrlval of tho territorial olllcors, tho provisional IcglBlaturo eloctod Hon. A, L. Love joy, but thoro is no rocord of any action by him. Thoro woro otoo numerous cir cuit JudguH ao called, In various places. Among them nro 0. RaishoI, Robert Moore, J. W. Nomnlth nnd Daulol Wnldo, and Home of tholr rec ords would soom as if thoy woro holding fuipromo court. For Instance In nn old book, yollow with ago, It Is said, "Tho socond torm of supromo court of 'Oregon torrltory hold nt Tuallta Plalne, 3rd Tuesday In April, 1844, 0. Kussoll providing, assisted hy R. Moor, Justlco of tho ponce." Tho next rocord wnB that a circuit count hold In Clackamas county on tho first day of Ootobar, 1844. Hon orable Ira L. nabcock, judgo. This is rignad I. L. Habcock, Judgo pro bate. Another on seems to be held at the Oregon Institute for Cham polck county on the 8th day of Octo hor, 1844. Honorable I. L. Bnbcock, jiidgo. Another was hc'.J on the ltith Iay of Ootobor, 1844, by the Judges for this district. J. Qulnn Thornton wns well known to all tho early sottlers of the torrl tory and state. Ho resigned about 1847 or a littlo later and wont to Bryant was hero but a short tlmo and wont east. Pratt remained for a few years then wont to Cali fornia where he was long known as ono of tho able lawyers of Sail-Fran- Washington, where ho took qulto a cIeco. v- ,. . Rwmk. , - msaFBhx HRi' JllKAeK'JHHK - 1MB ' irrf tonrTrw" A -aft3Dm' j&ftvfcj mim&rvmsmmffim-m;myim BBHMfKHHSuDwHHRHi&SkHKH' f HHBHiBBHBinBniKlHi,? V VfllHinVuJ m fjSKnmKmSkJrW vHBHVjkflHDSr John Kolftnv. nt rt..ni i , ' "'vaiuB, was ono of tho pioneers of that town. Z waT colonol in tho Indian wnr and a number of tho constitutional con ventfon. Ho was somewhat (uncouth in n.nnner and snooch. fnii n.. loving a Joko, with a marveln,.,, tJ or anecdotes, always well liked by hi, comrades and the people with whom " vumu m coniaot. A. J. Thayor, nlBo of Corvallls, wni on tho bench and at tho bar for many years. Ono of the ublo men of the state, well liked by his comrades anl & SS one 'rm of ? PfOHt- n"crward, we T f' bfnch of the SS py nneatnegtbratftu.": U10I' full 1,.. , vm them. "'lofta, The senarau . formnrf i . ""ei '" ". Tk 1 Attomuy-Goiiciiil A. INI. Ctiuvford, lluul of tho Stnto fx'gnl Department. promlnont part In the formation of Judgo Thomas NeUon succoedod tho territorial govornniont. Ho was Bryant ns chief Justlc? but was In not n great lawyor but sooms to huvo.tho torrltory but 11 short tlmo. dono In tho oarly days his work woll. 0. B. McFaddon and Win. Strong Judgo Lancnster, who succooded sorvod on tho supromo bench for a Thornton, roildod on Lewis river in short 'tlmo but both woro Washing tho torrltory which wns nftorwnrd ton torrltory mon and when thnt tho torrltory of Washington, anl territory waj formod remnlntd In It. whon Washington wob nftoward j In 1863 George II. Williams wa formed Into a torrltory wns tho first nppolutod chief Justice of tho tii delegnto to congrosB from thnt torri- promo court of Oregon torrltory nnd tory. Ho was a lawyor of tho old continued In that position until tho school nnd lmngluod thnt all tho lnv admlwilon of tho state. His history found outstdo of Blackstono nnd slnco 1SS3 Is written in largo char- ttnuou'g Instltutos was hardly worth acters both in tho state and in the 1 tho knowlntr. Ho lived to a rlno old nntlon. Ho has servod tho naonla samo Judgo In Yamhill. The rocord8ngo ro3,,ootod by all his' nolghbora ns ohlof Justice for six yoars, a mom aro all very Inoomploto, both ns to jn tho 00mniunlty whero ho lived. jbor of .tho constitutional convention, what wiu transnotod and who was 1 a3 UnIteU stntea Bonntor nttornoy trnntmctlng tho buslnoss. In March, 1849 tho officials np. BOnora, of tho.Unlttd stttt08 a mom. Judge nurnott onmo to Oregon in pointed under .tho torrltorlal act ar- bor of tn0 AIabttmn clalms commU. ibia rrom MiMouri. no was a good ,nva, anu govornmoui uuuor 'slon and lastly as mayor of Portland lawyer and ovldontly was satisfactory laws of tho United States was IAU ,,ls oarllor assoclato. on tho bonch to tho peoplo. Ho lott Oregon In, auguratod. Tho provisional govern-1, mv( d on hq has lived to .see about 1848 and wont to California, moiit had sorvod a usofeil purpose, th8 country row from 8pars'y whero In 1850 ho was elected tho .but Its mombers gladly aurrondorod 8eUlod community, shut out from tho first governor of the state. When tholr authority. Tho glad tlmo for ,d (8tnnt f lh cmterg Qf Oregon wa formed Into a torrlto-y, which thoy had so long waited hud tho popu,atlon whon tho only moana hy congr, Judgo Burnott was ap.come, and thoy woro under tho pro-Lf oomnwnlcatlon wlth tho oatorn liuimwi iiiiu or iiiu jusuces or iooiiuuuuu ui mu ouira una airipi'tJ supromo court by tho prosldeut but ho never qualified, being In Califor nia at tho tlmo, Ho took a proml nont mut in tho formation of ho Btuto govornniont of California and (. rJUif,.iJ wgrr:rj mi: MPnra "f' V,' was re-elected for another term of six years. In 1899 was again re elected to his old position ns circuit Judgo and served (until 1904. Judgo Boise was a most romnrkablo man and no history of Oregon Is comploto without largo montion of his narao. Judgo Olney retired from tho bonch in 1857 and wont to Astoria whero ho died some ten years after ward, honored and respected by his noighbofs. Tho supromo court of tho Btnto was organized In 18S9 nnd tho first torm of tho supromo court wns hold, tho record oaya "In tho vlllago of Snlom" on tho 5th day of Docombor. 1S59. Honorable A. E. Walto, chlof Justice, It. P. Boise, Riley H. Strat ton and Palno P. Prim, associate justlcos. Thcso Judges held a torm of tho supromo court onco a your nnd tho romalndor of tho tlmo thoy woro ongnged in doing circuit duty in tholr respoctlvo circuits. Wh?n ono of tho caso3 thoy tried In tho court bolow camo on trial in tho ou promo court, thoy stepped off tho bench and tholr associates heard tho caso and passod on It. This motho I continued until tho formation of separato supromo court In 1878. Judgo Walto, who was tho first thief Justlco of tho supreme court of tho state, was a pioneer of 1847, a lawyer of tho old school, loarnod, courtoous, pollto nnd dlgnlfled. Ho filled woll his position In life und hi nnmo Is romomborod with groat ro Bpect whorovor ho was known. Judgo Strnttou wns au ablo lawyor an upright judgo and a good cltlzou. Ho dlod In his oarly manhood when tho futAiro soemed bright with prom ise. Judge Prim wai continuously on tho bonch from 185.9 until 1880, and was rendy, prompt', and always had tho respect of the mombors of tho bar, and his opinion whllo nov.r long, nro marked by a cloar state ment nnd show a strong mind. Ho was a pioneer of 1S51, and lived In Jackson county until 1807, when ho removod to San Francisco, whoro ho'tllo,ol'Bly ' died somo years since. ho undertook. Others who ocounlod soats on tho ago. supromo bonoh nftor Its drat orgunl- Judgo L. F. Moshor lived at Roiq-jS, article 7 of ibr.sa zntlon un tn tho tlmi of tho formn- iburg, was nn Indian wnr votornn, a.vldoe that "The Jodi4 tlon of soparato court wero AI01170 b'ood layyor und flllod many Itapor- shortest term to terrt Innl nnfiltlntici m ai-hI ltnll v lhnvlnt such irrmlAHll Jamos F. Watson sorved on the ( holding by appolj&W nmtrnmn lmnnli fni- n ulmrt lllllB. ru- clllOf 1118(100." lld(AW slgtiod to tnko tho position of Unltod Banlzatlon of the W Jamos F. Wntson, B. Whltton, Lowls Statos dlstrlot attorney, whero ho court, Judge Kei:; ifcij! L. McArthur, B. F. Doiiham and sorvod for olglit yoars. i-rom me uiumi. um w- r- Jolm Burnett. I Uo of His nppointineiit ns uiikqu juancw. 'Statas attornty he lived In Portlnud W. W. Page was a promlnont iwi nttn t.hn iiYi.imiinn nf his ofllco Portland lawyor. and woll known ns ,.a,i hvaiv in n,.. nrflpHo of of tho prominent tpU . . I . -.. VM .wv. .w.j ... ..,. i . a -Bound Virginia Democrat, whoso Iaw n0 dlod somo four or flvo years tory and aereio?iK. W&mwfimg j?WGXimM?&'.&' Si' . W4 Win. Knl.svr, a Well-Known Snlcm Idwjfr. earnest In whatever appointed by GoTtrot If,. .11. . .k..-t.t.l -M M Vltl iiv uiuti iiuuiy yearn couswita 01 jamejB.u;ti illolso and Paine P MM A. Sklnnor, Joseph G. Wilson, Wil liam W. Page, Erasmus D. Shattuck, William W. Upton, L. F. Moshei, luiiu iqiuy, Aiiaruw j, i iiuvvt , Judge Kelly uwubM 1851 and for fcri1 father frlond of ui u iiuiouiiui iiiuiiu ul nfr Thomas Jefferson. Ho wns amaiii of flno lirosonco. Ills son. Rollln K. I Judgo MOiVrthurS was olecUd Ju- RAY H. HALL, Pros, ami Tivas. AV, G. MOIITOX, Bales Deitai'tiiu'iit Htnt.nfl U'lm liv n trln nrnnnl tlin TJnm Thoy had dono their work wo I, and of acr083 tne d , will always bo hold In grateful re- 8p,0nd!(l, hlshly fa;orod 'ommon. monibranto. wealth whloh wo now enjoy. In nil Tho first term of tho supromo this dovolopraont ho has borno an court of tho territory of Oregon, aft- active, creditable part. In tho many . . . .honornble and Important positions ho has hold he has acquitted hlmsolf .well, And today nbovo all other men WKHRT SCHMACKER, Engineer Civil Mocli., Klectr. H-S Engine Works Salem, Oregon Phene: Main 278 Manufacturers of Stationery and Marine Gasoline Engines, Spraying Outfits, Etc. We Claim for our Power Sprayer Outfit : K Extreme Light Welglit 2. Reliability and Durability 3. Simplicity of Construction 4, Only 7 Working Parts 5. Pressure Constant Will of Operator at Same Engine Can Be Used for all farm purposes, such as Pumping Water, Saw tog Wood, Grinding Feed, Etc. M I Factory ob State Street at Old Engine House in our state he stands "Like some tall cllfT that lifts Its awful form, Towers in tho air nnd midway ltnvos tho storm; Though round his bronst tho rolling clouds are sproad, Eternal sunshine sattloa on his head." May ho long llvo to enjoy tho bon odlrtlon of a grateful people. Others who sat on tho territorial bonch were Cyrus Olney, M. P. Dandy and It. P. Bolso. Judgo Dendy sat on tho benoh from nuout s&4 until the formation of. tho state government and was eleotod circuit Judgo in tho flrst dlstrlot un der the etato government bait being nppolutod United Statos district Judgo never served under tho state. Ho filled the ofllco of district Judge for over 30 years and took a promi nent part In the Judicial history of tho state. It. P. Boise was appointed in 1857. sat on tho territorial bench until the admission of tho state, was eleoted tho first circuit Judgo of tho third district, sorved until 1870, was acaln elected in 1876. On the formation mnmhor of the C0Mt!U0 tlon, state senitor. ! dlan wars of '55 4 " Pngo, Is managor of tho Gonoral oo or tne supromo guuk m "-5ited States miw "- Electric Company, of Portland. ,nd continuously hold tha plaoa inui'fnltnu 8nd ernHis" Erasmus D. ShatUick is anothor tho organization of sopnrato supromo name which tho citizens of the Btnto court. Ho was a learned lawyer, learned to lovo nnd honor. Ho was wroto a gracoful opinion, vory 1'opu- a member of the supremo bonch for ten years, and occupied an honored placo on tho circuit bench in Multno mah county for 22 yaars, retiring at last on account of tho Infirmities of old age, tn 1898. Judge Shattuck was greatly beloved, a ripe scholar, a good lawyor, and an upright Judgo. W. W. Upton was on tho bench for six years, from 18G8 to 1874. Ho was a learned lawyer, prompt lit his work, courteous to tho bar, and was well rogardod by tho bar, and hH associates on the bench. After his retirement from the bench he re sumed his praotlco In Portland, until 1877 whon ho was appointed second comptroller on tho treasury of the Unltod Statos, when ho removed to Washington, D. C, where ho died in 189C. B. P. nonham Is wall romomborod by all tho residents of Salem. Ho camo hero In 1853, aud (until hi? death was a rosident here. Ho filled many Important places in public llfo, and thoro as in privato lifo he exem plified 'tho valuu of right living, and a high staidard of citizenship. Ho served on ihe benoh from 1870 to 1876. Judgo Wilson served for many yoars as clok of the supreme court and in 1862 was appointed judge of tho fifth judicial district consisting of tho counties east of the Cascade mountains. Ho served in this posi tion until 1868. In 1872 was elected a mombor of congress but died be fore taking his seat. Ho was a good lawyer, of an active mind, congenial, jovial and his death was very great ly regretted by a large olrcle of acquaintances. Judge Skinner was an old pioneer lar in his community and a usotm man. Ho also sorvod a term ns Uni ted States district attornoy. He dlod in Portland, whore ho wns ongagetl in tho piactico of law, sovoral years ago, John Burnett also of Corvallls, was nn old pioneer nctlvo ami useiui, w (jF! n cood lawyer and an earnest advo- o assume , f ' d cato. He Is also doad. nf hi duties BDdWfrt1"1 prome bench bare It'titf ,.,, hp Ha did I " city, several year ! In 1880 the first JiWjJj the supreme beaci j.ora, fcuwoiu "'jidseLordce for fourteen j". opinions iatbengJ llHMlll1IIi,H 5 M 5! s m M M M M M M 5 svA jrk iti tSs, Salem Commercial Street, S of tho separate supremo court, he nent part in tho early settlement of 'T11H1 !! f rfivtt T.nna nnun rw nnf f rrvlr n ninmL I WH -; VWUMV UM4 VWWft M (JtUMtl- l M s I M II . !! " The Brands Tliat Advertise Far and Wide Are iim TASHMOO, U CORONA, BON A OTHER BRAN LOYAL SALLMIIt5 win w iu.-